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Fatal Error? Incorrect Allegation on ticket
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PostPosted: Tue Aug 05, 2014 10:48 am 
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Joined: Tue Aug 05, 2014 10:32 am
Posts: 2
Hi!
I was pulled over doing 100 in a 70. The officer reduced the ticket to a $75 fine, with a $20 victim surcharge. However, I'm wondering if the officer made a "fatal error" in writing up the ticket. The allegation clearly states "travelling 70km/h in a posted 70km/h zone". I'm assuming he meant to write 90 but it is definitely a 7. Everything else is correct.

My question is - do I proactively fight this ticket? Or do I do nothing and wait for the JP to hopefully quash it due to the error? I'm just not sure what other evidence the officer may have against me and I don't want the JP to amend it!

Thanks!


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Re: Fatal Error? Incorrect Allegation on ticket
PostPosted: Tue Aug 05, 2014 12:03 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
I would scan and post it to get some opinions on if it is sloppy penmanship or a true error.

If it is what you say it is, it should be quashed if you force the fatal error (search the forums on how to do this). If you show up in court it can be corrected.


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Re: Fatal Error? Incorrect Allegation on ticket
PostPosted: Tue Aug 05, 2014 1:11 pm 
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Here is a picture of the ticket.


Attachments:
File comment: Here is the ticket info.
ticket.jpg
ticket.jpg [ 15.87 KiB | Viewed 776 times ]
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Re: Fatal Error? Incorrect Allegation on ticket
PostPosted: Tue Aug 05, 2014 1:24 pm 
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Joined: Wed Apr 18, 2012 1:03 pm
Posts: 32
Looks like 70 in a 70 to me! Lucky you!


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Re: Fatal Error? Incorrect Allegation on ticket
PostPosted: Tue Aug 05, 2014 1:28 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
It appears you're praying to the one true god.

Look up London v. Young, ignore the ticket... and wait for the JP to quash it.


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Re: Fatal Error? Incorrect Allegation on ticket
PostPosted: Tue Aug 05, 2014 4:28 pm 
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Joined: Mon Mar 14, 2011 11:31 am
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If you zoom in on the ticket it actually looks like the bottom of the loop in the 9 is there. The only way to be sure is to look at the original copy of the ticket which is what the JP will have.


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Re: Fatal Error? Incorrect Allegation on ticket
PostPosted: Tue Aug 05, 2014 7:21 pm 
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I agree with Decatur---there does appear to be a loop to make it a "9". Its hard to tell without looking at the original.

That said, if its still questionable whether there is a loop, then since the test is that the ticket must be "complete and regular on its face", any doubt will go in your benefit. I think a reasonable person would indeed be confused as to whether it is a 9 or a 7, since the rest of the ticket is quite clear to read. The officer should have taken special precaution on ensuring the speed rate was clearly legible. Therefore, I would take the gamble and hope that a JP will indeed quash it if you don't reply at all to the ticket. If you're convicted, then you can at least argue on appeal that you relied upon such ambiguity and that should at least be grounds to allow you to re-open your case.


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Re: Fatal Error? Incorrect Allegation on ticket
PostPosted: Tue Aug 05, 2014 9:46 pm 
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Complete and regular on its face is determined by the JP looking at the original of the ticket. I have no doubt that the JP will convict since they don't have access to any of the copies. I'm sure you will be convicted if you do nothing. You will then have to apply to have the case re-opened. Only you can decide whether the time that you will spend will be worth it.


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